Sec. 4. Electric reliability
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Section 215 of the Federal Power Act ( 16 U.S.C. 824o ) is amended— in subsection (a)(3), in the second sentence, by striking enlarge such facilities or to construct new transmission capacity or generation capacity and inserting construct new generation capacity ; and in subsection (i)(2), by striking or transmission . Not later than 30 days after the date of enactment of this Act, the Commission shall order the Electric Reliability Organization to submit to the Commission a proposed reliability standard that requires minimum total transfer capability of— between 4.3 and 12.6 gigawatts between the area under functional control of ERCOT and the area under functional control of SPP; between 2.5 and 16.2 gigawatts between the area under functional control of ERCOT and the area under functional control of MISO; and between 2.6 and 7.9 gigawatts between the area under functional control of ERCOT and the Western Interconnection.
The Commission may only approve a proposed reliability standard described in paragraph
(1)if that reliability standard— requires minimum total transfer capability as described in paragraph (1); and requires each of ERCOT and SPP, ERCOT and MISO, and ERCOT and 1 or more neighboring balancing authorities in the Western Interconnection (as determined by the Electric Reliability Organization) to jointly submit, not later than 1 year after the date of enactment of this Act, a plan that— designates 1 or more entities to site and construct new transmission facilities, or modify existing transmission facilities, to achieve the applicable minimum total transfer capability; and includes a timeline for that siting and construction or modification, which timeline shall include that such siting and construction or modification be completed by January 1, 2035. Any plan for the siting and construction or modification of transmission facilities described in paragraph (2)(B) shall prioritize— the use of grid-enhancing technologies; the use of existing rights-of-ways, such as highways and railroads, to site and construct new transmission facilities; the siting and construction of new transmission facilities on degraded land, including sites on the National Priorities List, brownfield sites, landfills, abandoned mine land, and contaminated or abandoned agricultural land; the siting and construction of new transmission facilities in a manner that expands access to renewable energy sources, including wind, solar, and geothermal sources; providing meaningful community involvement opportunities, including by conducting outreach to— environmental justice communities, including by conducting planning meetings, set at times and places to maximize the number of community members who can conveniently attend, with appropriate services, including translation and interpreting services and virtual attendance, in those environmental justice communities; Tribal and Indigenous communities; Tribal governments; and relevant labor organizations; and the use of registered apprenticeship programs and prevailing wages, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Any project to site, construct, or modify transmission facilities that is conducted to comply with the reliability standard described in paragraph
(1)shall be subject to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). Nothing in this subsection overrides or inhibits the authority of the Commission to require minimum interregional transfer between regions in a pair or grouping of regions other than a pair or grouping of regions described in subparagraph (A), (B), or
(C)of paragraph (1). In carrying out section 216 of the Federal Power Act ( 16 U.S.C. 824p ), the Secretary of Energy shall consider designating as a national interest electric transmission corridor any area in which transmission facilities will be sited and constructed or modified pursuant to this section.
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